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obliges the State to take steps to ensure that there is appropriate education concerning the right in question. States are also obliged to fulfil (provide) the right in question when individuals or a group are unable, for reasons beyond their control, to realise that right themselves by the means at their disposal.

B.

Legal Test: Prohibition on forced eviction

For evictions to be justified under the ICESCR, they must (1) only be carried out in exceptional circumstances; (2) after all feasible alternatives to eviction that address the exceptional circumstance are explored in consultation with the affected community; and (3) after due process protections are afforded the individual, group or community. There are two exceptions to this general rule. First, evictions should never be carried out in a discriminatory manner. Second, evictions should never render someone homeless or vulnerable to other human rights violations. What follows is some general language that lays the foundation for this test as well as the precise language that establishes this test. General Comment No. 7 defines forced eviction as “the permanent or temporary removal against their will of individuals, families and/or communities from the homes and/or lands which they occupy, without the provision of, and access to, appropriate forms of legal or other protection.” General Comment No. 4 requires that “notwithstanding the type of tenure, all persons should possess a degree of security of tenure which guarantees legal protection against forced eviction, harassment and other threats. States parties should consequently take immediate measures aimed at conferring legal security of tenure upon those persons and households currently lacking such protection, in genuine consultation with affected persons and groups.” General Comment No. 4 states that “instances of forced eviction are prima facie incompatible with the requirements of the [International] Covenant [on Economic, Social and Cultural Rights] and can only be justified in the most exceptional circumstances, and in accordance with the relevant principles of international law.” General Comment No. 7 outlines that for an eviction to be carried out lawfully, “States parties shall ensure, prior to carrying out any evictions, and particularly those involving large groups, that all feasible alternatives are explored in consultation with the affected persons, with a view to avoiding, or at least minimizing, the need to use force.” Alternatives to eviction include onsite upgrading of informal settlements. Even if exceptional circumstances exist and there are no feasible alternatives to meet those exceptional circumstances other than eviction, General Comment No. 7 requires due process protections. These due process protections are: (a) an opportunity for genuine consultation with those affected; (b) adequate and reasonable notice for all affected persons prior to the scheduled date of eviction; (c) information on the proposed evictions and where applicable, on the alternative purpose for which the land or housing is to be used, to be made available in reasonable time to all those affected; (d) especially where groups of people are involved, government officials or their representatives to be present during an eviction; (e) all persons carrying out the eviction to be properly identified; (f) evictions not to take place in particularly bad weather or at night unless the affected persons consent otherwise; (g) provision of legal remedies; and (h) provision, where possible, of legal aid to persons who are in need of it to seek redress from the courts. Finally, General Comment No. 7 states that, in any event, evictions should not be undertaken in a discriminatory manner nor should they render persons homeless or vulnerable to other human rights violations and that “where those affected are unable to provide for themselves, the State party must take all appropriate DEMOLISHING FOUNDATIONS OF PEACE

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DEMOLISHING FOUNDATIONS OF PEACE  

This report critically examines the effectiveness and human rights implications of using house demolitions to deter terrorism in Northern N...

DEMOLISHING FOUNDATIONS OF PEACE  

This report critically examines the effectiveness and human rights implications of using house demolitions to deter terrorism in Northern N...

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